Sunderwirth v. Williams

HOGAN, Judge.

This appeal is taken from an order modifying a decree of divorce. Remarkably, the focal issues on appeal — except for the matter of attorney’s fees — involve neither ex-cessiveness nor inadequacy of the award made; the only real question is whether the trial court had authority to modify the decree as it did. Consequently, we undertake only such recountal of the facts as is necessary to an orderly disposition of the appeal.

William C. Sunderwirth, a practicing osteopathic physician, was divorced from his wife, now Jean Williams, 1 August 16, 1968. Concomitantly, they executed an…